Changes in 2014 to laws governing ballot measures

As of December 15, 2014, at least 116 laws concerning ballot measures in 29 states were put before legislatures in 2014. Of the total, 66 were carried over from 2013. Of the total, 97 failed, and 13 were approved. Six were carried over from 2014 to 2015 in the state of New Jersey. On September 27, 2014, Governor Jerry Brown (D) announced that he had vetoed Assembly Bill 400 in California.[1]

This page lists changes and proposed changes in 2014 to laws governing the initiative and referendum process. Given the complexity of the initiative process, these laws can address a wide range of initiative-related law, including:

The legal right of citizens to initiate statutes, amendments, or veto referendums.

Laws approved in 2014

aArizona House Bill 2107: Allows certain petition signature sheets to remain valid even if they contain signatures dated by the signer after the signature petition sheet was dated by the circulator. It also reaffirms the necessity for circulators to signify if they are paid or volunteer on the petition form and and the necessity for non-state-resident circulators or paid circulators to register with the Secretary of State.[3][4]

aUtah House Bill 192: Adds a statement to a statewide or local initiative petition signature sheet stating that a signer has read and understands the law proposed by the petition; adds a statement to a statewide or local referendum petition signature sheet stating that a signer has read and understands the law the petition seeks to overturn; and makes technical corrections.[7][8]

aUtah House Bill 37903: Allows and provides for arguments in favor of and against ballot measures about revenue or taxation. It also requires a public meeting at which written and oral arguments can be presented.[9]

aCalifornia Assembly Bill 2093: Officially clarifies and specifies that a petition signature deadline that falls on the weekend or a holiday is extended to the next business day. It was introduced in 2014.[11][12]

aCalifornia Senate Bill 1253: Requires more comprehensive information available for voters about initiatives, including clear summary on Secretary of State website, list of top ten donors on Secretary of State website, public hearings on each initiative at least 131 days before the election. It would also allow initiative proponents to withdraw the initiative at any time prior to certification. It was introduced in 2014.[13][14]

aCalifornia Assembly Bill 882: Amends existing provisions regarding recall petition. Provided that if 500 or more signatures are submitted to the elections official, the election official must verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is greater. This bill was carried over from 2013.[18][19]

aCalifornia Senate Bill 477: Declares the intent of the Legislature to enact legislation that would prohibit a political campaign committee from accepting large contributions made for the purpose of supporting a statewide initiative ballot measure until the committee has first received a significant number of small individual contributions made for the same purpose. This bill was carried over from 2013.[18][20]

aCalifornia Assembly Bill 510: Requires that a committee file a report if they pay any amount to an individual for his or her appearance in an advertisement to support or oppose the qualification, passage, or defeat of a ballot measure if the advertisement states or otherwise communicates that the individual is a practitioner or member of a profession having expertise or specialized knowledge relating to the subject of the measure. This bill was carried over from 2013.[21]

aHB 2107: Allows certain petition signatures dated by the signer after the signature petition sheet was dated by the circulator. It also reaffirms the necessity for circulators to signify if they are paid or volunteer on the petition form and and the necessity for non-state-resident circulators or paid circulators to register with the Secretary of State.[26]

dSB 1436: Removes the necessity to sign the statement of verification, previously called the affidavit, before a public notary. Died in a Senate committee.[27]

dHB 2014: Requires notice of Proposition 105 restrictions on publicity pamphlets, official ballots and campaign literature for ballot measures. Proposition 105 prevents legislators from repealing or changing any law approved by the voters except through a 3/4ths majority or through referral to the ballot.[28]

dSB 1232: Changes registration and other requirements for circulators who are non-residents. Requires certain paid petition circulators to register with the Secretary of State (SOS) prior to circulating petitions. Allows any person to file a registration-based challenge against circulators in the superior court of the county in which the circulator is registered.[29]

California

dSB 1294: Requires the California Legislative Analyst, instead of the California Attorney General, to prepare the ballot label and the ballot title and summary for all measures submitted to the voters of the state. Claims to further the purpose of the Political Reform Act of 1974. It died in chamber.[30]

aAB 2093: Officially clarifies and specifies that a petition signature deadline that falls on the weekend or a holiday is extended to the next business day. It was introduced in 2014.[31]

aSB 1253: Requires more comprehensive information available for voters about initiatives, including clear summary on Secretary of State website, list of top ten donors on Secretary of State website, public hearings on each initiative at least 131 days before the election. It would also allow initiative proponents to withdraw the initiative at any time prior to certification. It was introduced in 2014.[32][14]

dAB 1117: Requires the Secretary of State to provide on the agency's Web site an electronic mail address at which the proponent of a proposed initiative or referendum measure may submit a copy of the petition for the measure in portable document format. Provides that, after receiving the petition, the petition is to be made available to the public through a hyperlink on the Web site that can be downloaded and printed. Requires a specified disclaimer that makes the petition available to the public. This bill was carried over from 2013. It died in chamber.[18]

aAB 882: Amends existing provisions regarding recall petition. Provides that if 500 or more signatures are submitted to the elections official, the election official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is greater. This bill was carried over from 2013.[18]

aSB 477: Declares the intent of the Legislature to enact legislation that would prohibit a political campaign committee from accepting large contributions made for the purpose of supporting a statewide initiative ballot measure until the committee has first received a significant number of small individual contributions made for the same purpose. This bill was carried over from 2013.[18]

dAB 400[33]: Requires a state or local initiative, referendum, or recall petition circulated by a paid circulator who is paid by a committee to include a disclosure statement identifying the persons from whom the committee received the 5 largest cumulative contributions in support of the measure and the name of their employer, if 2 or more of these contributors have the same employer. Requires this disclosure statement to be updated as specified. This bill was carried over from 2013. It was vetoed by the governor.[16]

dACA 6: Increases the vote requirement of votes cast for the electors to amend the Constitution by an initiative measure to 55%. Permits the electors to repeal a previously adopted initiative or legislative amendment to the Constitution, including certain subsequent amendments to the constitutional amendment, by an initiative measure passed by a majority vote. This bill was carried over from 2013. It died in Chamber.

aAB 510: Requires that a committee file a report if they pay any amount to an individual for his or her appearance in an advertisement to support or oppose the qualification, passage, or defeat of a ballot measure if the advertisement states or otherwise communicates that the individual is a practitioner or member of a profession having expertise or specialized knowledge relating to the subject of the measure. This bill was carried over from 2013.

dSCA 6: Proposes an amendment to the Constitution to prohibit an initiative measure that would result in a net increase in state or local government costs, from being submitted to the electors or having any effect unless and until the Legislative Analyst and the Director of Finance jointly determine that the initiative measure provides for additional revenues in an amount that meets or exceeds the net increase in costs. This bill was carried over from 2013. It died in chamber.

dSB 121 Requires a corporation that has shareholders located in this state and that makes a contribution or expenditure to, or in support of or in opposition to, a candidate, ballot measure campaign, or a signature-gathering effort on behalf of a ballot measure, political party, or political action committee to issue a report on the political expenditures of the corporation in the previous fiscal year, and to notify shareholders prior to each political contribution.[18][34]

aAB 2219: Makes changes to the notices to the California Secretary of State required during the signature verification process and alters the other portions of the signature verification process and requirements.[35][16]

Georgia

dHR 162: Proposes an amendment that provides that the ballot language shall be provided by the Attorney General, summarize the proposed constitutional amendment accurately and objectively. Died in House.

dSR 692: Proposes an amendment that provides for public initiatives and referendums; provides for procedures, number of signatures required, verification methods, form of petition and other I & R specifics. Died in Senate.

Illinois

dHJRCA 12: Provides for the recall of all state executive branch officers and members of the general assembly. Changes the signature requirements for affidavits and petitions for recall of the governor.

Kansas

dHB 2518: Allows city and county election offices to request a ballot language statement, summary and explanation from the relevant legal counsel, such as the district attorney or county counsel. It died in a Senate committee.

dHB 627: Requires the state secretary to promulgate regulations governing the conduct of paid signature gatherers for ballot questions, designed to achieve and maintain security from forgery and fraud in the collection of signatures on petitions for ballot questions and names thereon.

dHB 67: Adds the following to the state constitution: "No initiative petition shall propose a constitutional amendment that would restrict the rights set forth in this constitution to freedom and equality, or the right of each individual to be protected by society in the enjoyment of life, liberty and property, according to standing laws."

dSB 13: Adds the following to the state constitution: "No initiative petition shall propose a constitutional amendment that would restrict the rights set forth in this constitution to freedom and equality, or the right of each individual to be protected by society in the enjoyment of life, liberty and property, according to standing laws."

dSB 1438: Provides that Part B taxable income shall not be taxed at a rate of more than 5.3 per cent unless said rate is approved by the initiative petition process.

dSB 332: Determines that the state secretary shall further promulgate regulations governing the conduct of paid signature gatherers for ballot questions, designed to achieve and maintain security from forgery and fraud in the collection of signatures on petitions for ballot questions and names therein.

Missouri

dHJR 88: Authorizes a constitutional amendment ballot measure seeking to prohibit the legislature from amending or repealing an initiative approved by voters except by referral to voters in a referendum.

dSB 631: Requires a preliminary five thousand sponsoring signatures of registered voters of Missouri in support of an initiative before the initiative petition can be cleared for circulation.

Assembly Bill 1495: Changes date when a recall election may be initiated from 50th to 90th day preceding completion of first year of term of office.

Assembly Concurrent Resolution 78: Proposes constitutional amendment to decrease the signature requirement for recall petition from 25 percent of registered voters to 25 percent of those who voted in the last general election.

New Mexico

dNM SJR 17: Requires a two-thirds majority approval of any proposed constitutional amendment in both the Senate and House before the amendment is presented to the voters for ratification; introduced in 2014.[37]

New York

dA 1557: Establishes an initiative and referendum process so that voters are able to bring issues to the state legislature for consideration; defines terms.

dA 3118: Establishes a procedure for a people's veto of laws enacted by the legislature.

dA 3672: Provides for regulation of delegates to a constitutional convention, their election and public financing for such elections.

dA 3972: Provides for regulation of delegates to a constitutional convention, their election, and public financing for such elections.

d5392: Provides for initiative and referendum and recall; empowers the electors with the ability to propose statutes and amendments to the constitution, approve or reject statutes or parts of statutes, and remove elective officers.

dA 6161: Provides for the recall power of the electors to remove an elective officer.

dAB 1557: Provides for initiative and referendum petitions for electors.

dS 1651: Establishes a procedure for a people's veto of laws enacted by the legislature.

dSB 1315: Changes the circulation period for petitions to be ninety days from the date provided by the secretary of state. The date must be between three and ten days after all litigation, protests and rehearings over the initiative are settled. The bill was vetoed by the governor.

South Carolina

dSJR 16: Proposes a constitutional amendment establishing a specified procedure for the enactment or repeal of laws and constitutional amendments by initiative petition and referendum and to provide exceptions.

Utah

dHJR 4: Puts a question on the ballot about whether Utah voters should have the power to recall state-wide officials or not; introduced in 2014.[38]

dHB 63: Establishes the technicalities and details of the recall petition and election procedures, if the amendment proposed by HJR 4 is approved and the power of recall is granted.

aHB 192: Adds a statement to a statewide or local initiative petition signature sheet stating that a signer has read, understands, and agrees to the law proposed by the petition; adds a statement to a statewide or local referendum petition signature sheet stating that a signer has read and understands the law the petition seeks to overturn; and makes technical corrections.[39]

aHB 37903: Allows and provides for arguments in favor of and against ballot measures about revenue or taxation. It also requires a public meeting at which written and oral arguments can be presented.

aHB 422S01: Requires reports and studies on the fiscal and legal impact of local initiatives and referendums.

dHB 2033: Reduces the costs and inefficiencies in elections by eliminating a requirement to include the full text of ballot measures in the printed version of voters' pamphlets.

dHB 2066: Reduces the costs and inefficiencies in elections by eliminating a requirement to include the full text of ballot measures in the printed version of voters' pamphlets.

dSB 5347: Declares that any state or local initiative for which sufficient valid voter signatures are submitted within the time period required must be submitted to a vote of the people at the next election date.

dSB 5499: Changes deadline for filing initiative petitions from ten to twenty months before the election.

dSB 5505: Concerning individual voter signatures on a petition, the secretary of state must accept and must not reject a valid voter signature if it matches the signature on the voter's registration as long as the requirements in existing law are met.

dHB 2552: Requires paid signatures to register with the state; prohibits a paid circulator from collecting signatures for another measure as a volunteer; requires re-registration of paid circulators at certain times and boost the information required on registration forms for paid circulators.

dHB 1595: Establishes certain requirements for local initiative and referendum processes not controlled by a home-rule charter. Authorizes county governments not governed by a home-rule charter to establish procedures for the initiative and referendum power not controlled by state law.